Financial Management Course - Ch 13

Rev. 1/31/2019

 

Fed. R. Bankr. P. 1007(b)(7) and (c); 4004(c)(1)(H); 4006; 5009(b)

 

11 U.S.C. § 111; § 727(a)(11); § 1328(g)(1)

 

Financial Management requirements went into effect October 17, 2005 (for the Southern District of Mississippi requirement went into effect March 10, 2008)

 

Under 2005 Bk. Reform (BAPCPA), (subject to certain exemptions) a chapter 13 individual debtor (the "Debtor") must complete a personal financial management course (the "Course") with an approved credit counseling agency ("Provider").  In a joint case, each debtor must complete the course.

 

If the Provider does not file the certificate of completion the Debtor must file Official Form 423 Certification About a Financial Management Course no later then the last plan payment made as required by the confirmed plan or the filing of a motion for entry of hardship discharge.

 

  • A debtor may not file the certificate of completion instead of the Official Form 423.

 

 

 

Exceptions:

 

Cases filed before *October 17, 2005 even if the case converts, splits, or transfers.

 

11 U.S.C. § 727(a) makes applicable under § 109(h)(4)

 

Debtor is unable to complete course requirements due to one of the following reasons, the Debtor must request an exemption from the requirement.  See Exemption from Financial Management Course.

 

  • incapacity (mental) or disability (physical), or

  • due to being in active military duty in an active combat zone

  • debtor resides in a district the US Trustee waived the requirement

 

Docket Event:

 

[Bankruptcy> Other> Certification About a Financial Management Course (Official Form 423)]